[License-discuss] [License-review] in opposition of 'choice of law' provisions in FOSS licenses (was: For Approval: Open Logistics License v1.2)

Lawrence Rosen lrosen at rosenlaw.com
Sat Dec 17 18:24:03 UTC 2022


Mike Milinkovich wrote: “Many lawyers don't like them. In my experience there were lots of lawyers who found the EPL-1.0 USA-centric because of its choice of law provision and avoided it as a result. E.g. why would a German automaker want to contribute code under a license that stipulates US law when they go to great lengths to shield their company from US law? Telling them that the lawsuit could still proceed in a German court did not give them much comfort.”

 

Pam and others, 

Does anyone on here believe that omitting a “choice of law” provision entirely from a software license will necessarily result in the license being sent to the licensee’s jurisdiction for court enforcement? How does that default work? Is it magic?

 

/Larry

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